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_agenda 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1 CITY OF SOUTH MIAMI City Commission Hector Mirabile, Ph.D Philip K. Stoddard, Ph.D, Mayor City Manager Josh Liebman, Vice Mayor Maria M. Menendez, CMC Valerie Newman, Commissioner City Clerk Walter Harris, Commissioner Thomas F. Pepe, Esq. Bob Welsh, Commissioner City Attorney CITY COMMISSION MEETING AGENDA TUESDAY, AUGUST 21, 2012, 7:00 PM CITY HALL/COMMISSION CHAMBERS 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) C. ROLL CALL D. MOMENT OF SILENCE E. PLEDGE OF ALLEGIANCE F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK G. PRESENTATIONS a) Employee(s) of the Month b) Officer(s) of the Month c) Certificate of Appreciation for Mr. Kenneth Harms for his donation of fitness equipment to be placed at the Gibson-Bethel Community Center H. APPROVAL OF MINUTES a) Minutes of July 31, 2012 b) Minutes of August 7, 2012 I. CITY MANAGER’S REPORT J. CITY ATTORNEY’S REPORT K. PUBLIC REMARKS 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 L. COMMISSION REPORTS, DISCUSSION & REMARKS M. CONSENT AGENDA 1. A Resolution appointing John Makemson to serve on the Charter Review Committee for a term ending July 24, 2013 as per Resolution No. 147-12- 13704. 3/5 (Vice Mayor Liebman) 2. A Resolution appointing Dan McCrea to serve on the Charter Review Committee for a term ending July 24, 2013 as per Resolution No. 147-12- 13704. 3/5 (Mayor Stoddard) 3. A Resolution re-appointing James Adt to serve on the Citizens Advisory Group (Urban Landscape) for a term ending August 20, 2014. 3/5 (City Commission) 4. A Resolution authorizing the City Manager to accept $1,500.00 donation from South Miami Hospital for the 2012 Backpack Give-a-Way event. 3/5 (City Manager-Special Events) 5. A Resolution authorizing the City Manager to contract with Gabriel Roeder Smith & Company to perform other Post-Employment Benefits (OPEB) valuation required under the GASB for fiscal year 2012 Comprehensive Annual Financial Report (CAFR), for a fixed retainer not to exceed $6,000 charging account 001.1410.513.3210, Finance Auditor’s Fee, for fiscal year 2013. 3/5 (City Manager-Finance Department) 6. A Resolution approving the selection of Neighborhood Health Partnership to provide group health insurance for the City of South Miami full time employees to be charged to departmental account numbers respectively. 3/5 (City Manager-Human Resources) N. RESOLUTIONS 6a. A Resolution ratifying the settlement of Case No. 10-18510-CA-04, W. Ajibola Balogun v. City of South Miami, and authorizing the issuance of a check in the amount of $278,598.79 from account No. 001.1500.514.3410, City Attorney Other Contractual Service paid to the order of Neil Flaxman Trust Account as 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 complete settlement of all claims for separation pay, severance pay, and all other claims for any other damages, attorney fees and costs. 3/5 (City Attorney) 7. A Resolution appointing a member to serve on the South Miami Community Redevelopment Agency (SMCRA) Board for a two-year term ending August 20, 2014. 3/5 (City Commission) O. RESOLUTION(S) PUBLIC HEARING(S) 8. A Resolution to consider the adoption of a development agreement proposed by Metro South Senior Apartments Limited Partnership, pursuant to sec.70.51 and 163.3225, Fla. Stat., for the construction of commercial space and 91 affordable senior apartments at 6101 Sunset Drive, South Miami, Florida, which will require concessions, including parking and height variances and which will either be rejected, accepted or accepted with amendments. 4/5 (City Manager-City Attorney) P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 9. An Ordinance amending the Land Development Code, Section 20-3.6(J)(1)(c) and (e), swimming pool rear-yard setback requirements. 3/5 (City Manager-Planning & Zoning) 10. An Ordinance amending the Land Development Code, Section 20-6.1(C)(I)(a) and (b) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. 3/5 (City Manager-Planning & Zoning) 11. An Ordinance amending the Land Development Code, article VI, section 20-6.2 (A) and (B) concerning the procedures and stay of proceedings for the review of or appeals from the decisions of the Environmental Review and Preservation Board. 3/5 (City Manager-Planning & Zoning) 12. An Ordinance abandoning a portion of the alley that was commonly known as SW 63rd Terrace Alley (the alley, except for the portion in question, was abandoned in 1992), and for the reversion of title of said property to the abutting property owner. 4/5 (City Manager-Planning & Zoning) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 13. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from TODD (4+4 Story) to Hospital, for an area identified as 7031 SW 62 Avenue (Larkin Community Hospital) - Folio #09-4025-027-0010. 4/5 (City Manager-Planning & Zoning) 14. An Ordinance relating to a request to amend the official zoning map of the City of South Miami land development code by changing the zoning use district from “TODD MU-5” mixed use 5 zoning district to “H” hospital zoning district for property located 7031 SW 62 Avenue (Larkin Community Hospital) - Folio #09-4025-027-0010. 4/5 (City Manager-Planning & Zoning) Q. ORDINANCE(S) FIRST READING 15. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 titled “Administration and City Government”, Article VI titled “Purchasing”, providing rules and procedures for the purchase of goods and services for the City; and deleting existing Division 1 and 2 titled Procurement of Professional Services. (Deferred 7/24/12) 3/5 (City Manager-Central Services) 16. An Ordinance authorizing the City Manager to enter into a sub-lease agreement with Miami-Dade County and LLiraff O., Inc. D/B/A O'Farrill Learning Center for the use of a City of South Miami Building located at 6121 SW 68th Street. 3/5 (City Manager -City Attorney) R. ADJOURNMENT 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K)(2) OF THE CODE OF ORDINANCES PROVIDES THAT “ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION.” PURSUANT TO FLORIDA STATUTE 286.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDIGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. PURSUANT TO RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED BEFORE THE START OF REGULAR COMMISSION BUSINESS SHALL BE THE VOLUNTARY OFFERING OF A PRIVATE CITIZEN, FOR THE BENEFIT OF THE COMMISSION AND THE CITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER HAVE NOT BEEN PREVIOUSLY REVIEWED OR APPROVED BY THE COMMISSION, AND THE COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY OTHER SPEAKER.”